The Marketing of Ornamental Plant Propagating Material Regulations 1999

[F1 Further provision relating to Palmae: England and Wales E+W

6A.— (1) In addition to meeting the requirements of regulation 4, propagating material of Palmae belonging to the genera and species referred to in the Annex to Commission Directive 93/49/EEC setting out the schedule indicating the conditions to be met by ornamental plant propagating material and ornamental plants pursuant to Council Directive 91/682/EEC and having a diameter of the stem at the base of over 5 cm must meet the condition set out in paragraph 2 or the conditions set out in paragraph 3.

(2) The condition is that the material has been grown for its entire life in an area which has been established as free from the organism by a responsible official body in accordance with relevant International Standards for Phytosanitary Measures.

(3) The conditions are that the material has been grown in the two years prior to its marketing in a site subject to visual inspections carried out at least once every four months confirming the freedom of that material from the organism and it has been grown in a site—

(a) with complete physical protection against the introduction of the organism, or

(b) where the appropriate preventative treatments have been applied with respect to the organism.

(4) For the purposes of this regulation—

“International Standards for Phytosanitary Measures” means International Standards for Phytosanitary Measures prepared by the Secretariat of the International Plant Protection Convention established by the Food and Agriculture Organisation of the United Nations;

“the organism” means “Rhynchophorus ferrugineus (Olivier)”;

“responsible official body” means a body described in Article 2(1)(g) of Directive 2000/29/EC.]

Extent Information

E1 This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F1 Reg. 6A inserted (E.W.) (1.10.2018) by The Marketing of Ornamental Plant Propagating Material (Amendment) (England and Wales) Regulations 2018 (S.I. 2018/974), regs. 1(1), 3

[F2 Further provisions relating to propagating material of Palmae S

6A.— (1) In addition to meeting the requirements of regulation 4, propagating material of Palmae belonging to the genera and species listed in column 1 of the table in schedule 2 (organisms and diseases) under the heading “the following genera and species as regards Palmae”, and having a diameter of the stem at the base of over 5 cm must comply with—

(a) the requirement in paragraph (2); or

(b) the requirements in paragraph (3).

(2) The requirement is that the material must have been grown throughout its life in an area established as free from the organism listed in the corresponding entry in column 2 of the table in schedule 2 by the responsible official body in accordance with relevant International Standards for Phytosanitary Measures.

(3) The requirements are that the material must, during a period of at least two years prior to marketing, have been grown in a site within the EU with—

(a) complete physical protection against the introduction of the organism listed in the corresponding entry in column 2 of the table in schedule 2; or

(b) the application of appropriate preventive treatments against that organism,

and have been subject to visual inspections carried out at least once every four months to confirm freedom of that material from that organism.

(4) In this regulation—

“International Standards for Phytosanitary Measures” means International Standards for Phytosanitary Measures prepared by the Secretariat of the International Plant Protection Convention established by the Food and Agriculture Organization of the United Nations; and

“responsible official body” means [F3 the Scottish Ministers].]

Extent Information

E2 This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Textual Amendments

F2 Reg. 6A inserted (S.) (17.11.2018) by The Marketing of Ornamental Plant Propagating Material Amendment (Scotland) Regulations 2018 (S.S.I. 2018/284), regs. 1, 3(4)

F3 Words in reg. 6A(4) substituted (S.) (14.12.2019) by The Plant Health (Official Controls and Miscellaneous Provisions) (Scotland) Regulations 2019 (S.S.I. 2019/421), reg. 1(1), sch. 5 para. 2(3)